The Research On The Rule Of Effective Control Under International Law

Territory, as one of the constituting elements of a country, is a specific spacewhere a country can exercise its power and the material basis on which the countryand nation rely on, which has a significant meaning in the sense of international law.But due to history and any other results, many territory disputes remains to be settled,and the settle own of which plays an important role in international relationship andworld safety. Referring to the cases of territory disputes settlement, effective controlprinciple emerges and develops gradually. Recently, International Court settles theterritory disputes by using effective control principle for several times, which makessuch principals impressive on all countries and scholars. The constitution of effectivecontrol principle shall satisfy two parts referring to those cases: one for the subjectivepart as the willingness to be controlling and control; and the other for the objectivepart as acts of actual controlling. The effective control principle cannot be appliesalone, but with other principles such as inter-temporal law, key date and the doctrineof estoppels instead. Combing such principals avoid administration deeds forintentionally creating the effective control after dispute(s). International Court has arelevant sound procedures and rules upon applying such principals which are firstlyascertaining the lawful owner based on original right and conventions concerningthe territory in dispute; if not, applying the effective control principle together withother principals like inter-temporal law and the doctrine of estoppels. In foreign relationship, we are persisting carrying out diplomatic policy of peacein the settling the relationship with other countries, and Problems left over by historyand reality problems. Our country proposes settlement and negotiation as the mainmethod for dotting the international disputes. Our country hold a conservative altitude,and our country has never submit any dispute cases with the International Court.Along with the enlargement of the object and scope of International law, we must payhigh attention to the International law and the International court. International courtgradually takes a procedure for effective control principle, which greatly attracts thedeclaration of the Diaoyu Inland. When the diplomacy of negation fails, submit theDiaoyu dispute shall be submitted toward the international court for jusdment.All thedetails concerning the Diaoyu Island. Our country shall prepare and safeguard withalttitue.This thesis will explains the belonging of the Diaoyu Island based on theeffective control principal and preparation of diplomacy and laws toward DiaoyuIsland, to safeguard the sovereignty and territorial Integrity.